Employer must let employee know about right to FMLA leave
Since we have discussed the matter in previous posts, readers may be aware that in many situations employees are able to take a leave of absence from work to address medical issues that either they themselves are dealing with, or that close family members–such as a spouse–are working through. Under the Family Medical Leave Act, those who qualify can take up to 12 weeks off without pay and without worrying about losing their job.
Unfortunately employers do not always extend the protections of FMLA to their employers. In fact, they may not even let them know that these protections are available. A retailer with stores throughout the nation, including the state of New Jersey, Staples, Inc. recently faced consequences for failing to do this very thing.
The case
The retailer fired a furniture sales executive who over the course of two years cared for his sick wife by using vacation, sick and personal days. In addition he worked remotely. The worker opted for this approach after asking for a leave of absence but not being told that he qualified for a FMLA leave.
Shortly after he was fired due to a supervisor’s determination that he was not doing his job to the level required, the U.S. Department of Labor’s Wage and Hour Division launched an investigation into the matter. It then filed a lawsuit against the man’s former employer. Specifically the department alleged that in failing to inform the man of his rights regarding a leave of absence it violated the FMLA.
The outcome
Recently, the parties to the case reached a settlement agreement. Staples, Inc. will:
- Pay $137,500 in lost wages and benefits
- Pay $137,500 in liquidated damages
- Train human resources and managerial personnel in FMLA notice and eligibility requirements
- Post FMLA enforcement posters
- Investigate and when necessary correct complaints of potential FMLA violations involving the failure to inform workers of rights
Conclusion
As this case illustrates the burden is not on an employee when it comes to learning about FMLA rights. Those who believe that they have wrongly been denied those rights as a result of not knowing about them could take legal action.